In simple words, claims can be described as that component of a patent which determines the level of protection as offered by a patent. It is the claims that formulate the legal basis for patent protection. The claims define what can and cannot be termed as infringement. Considering the significance that claims hold in patent protection, it is important that you write them with extreme care and caution.
While writing claims, there are some things that you must need to take note of. One of them is the meaning of your claims. It is important that your claims are not ambiguous in nature. Every single claim should have only a single meaning. The meaning of the claim should neither be too narrow nor too broad. This means that the claim should leave some space for deviation, while not being too strict at the same time.
It is also important to include as many claims in your patent as possible. Including multiple claims in your patent allows you to diversify the scope of your patent. A single claim can focus only on a single aspect of your patent. Having multiple claims ensures that you can focus on multiple elements. This makes the patent even more stronger.
Clarity is the rule of thumb when you are writing patents. The statement that you are trying to enforce through your patent should be crystal clear. There should be no scope of ambiguity in your statement. Try avoid using phrases or words such as 'when required', 'a major part', 'such as' and the like. These phrases create scope for discrepancy and do not leave your patent strong enough.
Another thing that you must keep in mind while writing claims is support. It is important for your claims to have a description. This basically means that you need to well explain all the characteristics and traits of your invention. Also, if you have used any complex terms in your claims, make sure that you explain them in the description.
Be complete. This is yet another important consideration that you need to bear in mind when writing claims. Every single claim included in the patent should be complete. To make your claims complete, it is suggested that you include only a single feature in a claim. This will help you make your claims more complete and comprehensive. Besides, complete claims also enable you to put the features in a proper context.
Writing patent claims is a complicated thing for sure. And, it comes with a great deal of responsibility too as it is the claims that lay the basis of your patent. So, use the above discussed tips and you will be able to write your patent claims well and make your patent worthwhile.
|